Hinsdale v. . Williams
Supreme Court of North Carolina
This was a Petition by an administrator to make real estate assets, filed before the Probate Judge of Cumberland County, "and thence carried by the appeal of the plaintiff to the Superior Court, and there heard before his Honor Judge Buxton, at Chambers, June 12th, 1876. The only point involved in the appeal was the right of the administrator to sell the reversion in a homestead, one of the distributees being a minor.
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This was a Petition by an administrator to make real estate assets, filed before the Probate Judge of Cumberland County, "and thence carried by the appeal of the plaintiff to the Superior Court, and there heard before his Honor Judge Buxton, at Chambers, June 12th, 1876. The only point involved in the appeal was the right of the administrator to sell the reversion in a homestead, one of the distributees being a minor. The Probate Judge decided that the same could not be sold, which judgment was affirmed by his Honor, from whose judgment the plaintiff appealed.
1Opinion of the CourtReade, J.
It is conceded that a reversionary interest in a homestead is not subject to sale for any debt under execution. Bat. Rev., chap. 55, sec. 26. Poe v. Hardie, 65 N. C. Rep., 447.
The question presented now is, whether such reversionary interest is subject to sale by an administrator under an order of Court, in a proceeding to make real estate assets, to pay the debts of the intestate homesteader, during the minority of one of his children, who is in the enjoyment of the homestead.
The reason given why the reversionary interest of the original homesteader should not be sold in his lifetime is that…
2Cases cited1 opinion
- Poe v. . HardieSupreme Court of North Carolina · 1871
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